If a Native American child, (or “Indian child”, as defined by the Indian Child Welfare Act), is taken into DFPS custody, almost every aspect of the social work and legal case is affected, including:

  •   the legal burden of proof for removal is higher, as is the legal burden of proof for obtaining any final order terminating parental rights or restricting a parent’s custody rights;

  •   DFPS must serve the child’s parents, tribe, Native American caregivers, and the Bureau of Indian Affairs with a specific notice regarding ICWA rights;

  •   ICWA requires that the caseworker must make active efforts to reunify the child and family;

  •   the child must be placed according to ICWA statutory preferences;

  •   expert testimony on tribal child and family practices may be necessary;

  •   a valid relinquishment of parental rights requires a parent to appear in court and a specific statutory procedure.

All of these requirements apply to both a Native American parent and a parent who is not Native American.

For a quick reference, see:

Form 1705 Indian Child and Family QuestionnairePDF Document

Form 1706 Indian Child Welfare Act ChecklistWord Document